Trainor v. Christianson et al

Filing 5

MEMORANDUM AND ORDER (originally filed 8/28/2017 in 17-627-DRH). Signed by Judge David R. Herndon on 10/27/2017. (jaj)

Case 3:17-cv-00627-DRH Document 24 Filed 08/28/17 Page 1 of 5 Page ID #163

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
COREY TRAINOR, # B-51552,
MICHAEL TURNER, # K-51650,
and KEVEREZ TANZY, # B-76690,
Plaintiffs,
v.

No. 3:17-cv-00627-DRH

LARRY GEBKE,
ROBERT C. MUELLER,
MONICA CHRISTIANSON,
and OFFICER ROVENSTEIN,
Defendants.

MEMORANDUM AND ORDER
HERNDON, District Judge:
This matter is before the Court for case management. This action was filed
on June 14, 2017, by Plaintiff Trainor. The Complaint named 5 other individual
prisoners as co-Plaintiffs, but none of those 5 had signed the pleading. The action
alleges that Defendants have denied each Plaintiff permission to receive certain
publications, in violation of the First Amendment.
On July 20, 2017 (Doc. 13), the Court designated Trainor as the lead
Plaintiff, and ordered each non-lead Plaintiff to advise the Court whether he
wished to continue as a party in this group action. Any co-Plaintiff who chose to
continue his participation in the case was ordered to submit a copy of the
Complaint bearing his signature, and to either pay the $400.00 filing fee or
submit a motion for leave to proceed in forma pauperis (“IFP”).

Three co-

Case 3:17-cv-00627-DRH Document 24 Filed 08/28/17 Page 2 of 5 Page ID #164

Plaintiffs (Garrett, Groleau, and Metzel) responded that they did not want to
participate in the suit, and they have been dismissed from the action. (Docs. 16,
19, 23).
On July 31, 2017, Trainor and Turner submitted a joint response (Doc.
17), indicating their desire to continue together with the action. Their response
included a complete copy of the original Complaint bearing both their signatures
(Doc. 17, pp. 2-18), along with certificates of service (Doc. 17, pp. 19-20).
Trainor and Turner have each been granted permission to proceed IFP in this
action based on their motions. (Docs. 12, 20).
On August 21, 2017, the Court received a response from Keverez Tanzy.
(Doc. 22). Tanzy reports that on June 16, 2017, just days after this action was
filed, he was released from prison and now resides in Kankakee, Illinois.

He

stated that he wants to move forward as a participant in the group action, and
requested the Court to supply him with a motion for leave to proceed IFP. He also
submitted a copy of the Complaint, however, he did not sign it on the proper
page, which was the last page of the Complaint (containing paragraphs 83-88 and
numbered “17” at the bottom of the page), which had Trainor’s signature. (Doc.
22, p. 18). Instead, Tanzy mistakenly signed only the copy of the certificate of
service that had been signed by Trainor on June 8, 2017. (Doc. 22, p. 19).
In order for Tanzy to proceed as a co-Plaintiff in this group action, he must
re-submit a copy of the Complaint, with his signature on the Complaint itself (not
on the certificate of service, which is merely an attachment to the Complaint). To

Case 3:17-cv-00627-DRH Document 24 Filed 08/28/17 Page 3 of 5 Page ID #165

that end, the Clerk shall be directed to mail to Tanzy a copy of the Complaint
which has now been signed by both Trainor and Turner (Doc. 17). The Clerk
shall also be directed to mail Tanzy a blank form motion for leave to proceed
IFP. 1
In the alternative, Tanzy may choose to pursue his claims in an individual
action, severed from this group litigation.

He is reminded of the warnings

contained in the previous case management order (Doc. 13) – particularly the
requirement that any motion, amended pleading, or other document filed on
behalf of the 3 co-Plaintiffs must be signed by each Plaintiff individually.

A

Plaintiff who participates in an action without attorney representation must sign
documents for himself; a non-attorney cannot file or sign papers for another
litigant. See Lewis v. Lenc-Smith Mfg. Co., 784 F.2d 829, 831 (7th Cir. 1986);
FED. R. CIV. P. 11. 2 Group motions or pleadings that do not comply with these
requirements shall be stricken pursuant to Rule 11(a).

Additionally, all

documents submitted to the Court must be served on every other co-Plaintiff and
on the opposing parties pursuant to Federal Rule of Civil Procedure 5. These
requirements may present difficulties due to the fact that Tanzy is no longer
incarcerated in the same institution where Trainor and Turner are confined.
Tanzy had previously submitted a motion for leave to proceed IFP (Doc. 6), but it failed
to contain any information about his prisoner trust fund account. Because this action
was filed during Tanzy’s imprisonment, the Court must evaluate his prisoner trust fund
transactions for the 6 months prior to the filing date of this action (December 14, 2016June 14, 2017).

1

2

Rule 11 states, in pertinent part: “Every pleading, written motion, and other paper must
be signed . . . by a party personally if the party is unrepresented.” FED. R. CIV. P. 11(a).

Case 3:17-cv-00627-DRH Document 24 Filed 08/28/17 Page 4 of 5 Page ID #166

Disposition
IT IS HEREBY ORDERED that KEVEREZ TANZY, if he still wishes to
continue as a co-Plaintiff in this group action along with Trainor and Turner, shall
submit the following documents to the Clerk of Court within 21 days of this order
(on or before September 18, 2017):
(1) A copy of the Complaint, with his signature on the proper page, which is
the last page of the Complaint and contains paragraphs 83-88. Because
both Trainor’s and Turner’s signatures appear on the document filed as
Doc. 17 (which is identical to the original Complaint), the Clerk will be
directed to send Trainor a copy of that document.
(2) A completed motion for leave to proceed IFP, and a copy of Tanzy’s
prisoner trust fund statement covering the dates from Dec. 14, 2016 –
June 14, 2017.
In the alternative, if Tanzy chooses to have his claims severed into an
individual action, he SHALL so notify the Court, within 21 days of this order (on
or before September 18, 2017). Within the same deadline, Tanzy SHALL also
submit a properly signed Complaint. This can be the original Complaint with his
signature properly added as described above, or he may prepare his own
individual pleading. Finally, Tanzy SHALL submit a completed motion for leave
to proceed IFP, along with a copy of his prisoner trust fund statement covering the
dates from Dec. 14, 2016 – June 14, 2017.
To enable Tanzy to comply with this Order, the CLERK is DIRECTED to
mail him the following documents:
(1) A copy of the Complaint (Doc. 17) which now bears the signatures of
Trainor and Turner;
(2) A blank form motion for leave to proceed IFP;
(3) A blank form civil rights complaint for Tanzy’s use if he chooses to draft
an amended complaint to proceed individually with his claims in a
severed action.

Case 3:17-cv-00627-DRH Document 24 Filed 08/28/17 Page 5 of 5 Page ID #167

The Clerk is DIRECTED to send a copy of this order to Trainor, Turner,
and Tanzy.
Plaintiffs

are

ADVISED

that

the

Complaint

is

currently

awaiting

preliminary review by the Court pursuant to 28 U.S.C. § 1915A, and it has not yet
been served on the Defendants. Further action by Tanzy is required before the
Court can complete its preliminary review of this matter under § 1915A. As soon
as this review is completed, a copy of the Court’s order will be forwarded to each
Plaintiff who remains in the action.
Plaintiffs are further ADVISED that each of them is under a continuing
obligation to keep the Clerk of Court and each opposing party informed of any
change in his address; the Court will not independently investigate a Plaintiff’s
whereabouts. This shall be done in writing and not later than 7 days after a
transfer or other change in address occurs. Failure to comply with this order will
cause a delay in the transmission of court documents and may result in dismissal
of this action for want of prosecution. See FED. R. CIV. P. 41(b).
IT IS SO ORDERED.
Signed this 28th day of August, 2017.

Digitally signed by
Judge David R. Herndon
Date: 2017.08.28
12:40:44 -05'00'
UNITED STATES DISTRICT JUDGE